Our client, a 69-year-old retired fire captain, was stopped at a red light on North Brighton Avenue in Kansas City, Missouri, when an uninsured driver crashed into the rear of his pickup truck at approximately 35 miles per hour.
The force of the impact pushed his truck into another vehicle and threw his body backward and forward inside the cab. His head struck the side window, and his right knee hit the dashboard.
The other driver admitted fault at the scene, telling police that she had a “lead foot.” The police report identified driving too fast for conditions as a contributing factor in the collision. Because the at-fault driver was uninsured, our client had to pursue compensation through the uninsured motorist coverage available under his own automobile insurance policy.
A Concussion and Multiple Physical Injuries
Our client was transported by ambulance to North Kansas City Hospital, where he was evaluated as a Level II Trauma patient. He arrived with severe neck and back pain, right hip pain, numbness and tingling in his right arm, chest discomfort, and facial soreness from striking his head during the collision.
In the weeks that followed, his condition proved to be far more extensive than the symptoms he experienced immediately after the crash.
He developed persistent headaches, brain fog, dizziness, balance problems, sleep disruption, irritability, anxiety, and vision-related symptoms. He also continued to experience significant neck and lower back pain, numbness and tingling in his right hand, and pain affecting his hip and knee.
Specialized concussion testing later confirmed significant post-concussion symptoms and abnormalities involving his balance, eye movements, convergence, and vestibular function. His treatment included specialized concussion care and vestibular rehabilitation to address the neurological effects of his traumatic brain injury.
Assisting Our Client Through Rehabilitation
Our client’s recovery required care from multiple medical specialists.
He underwent physical therapy, chiropractic treatment, diagnostic imaging, orthopedic and pain-management care, concussion treatment, and two separate lumbar injection procedures. Those injections provided significant relief, but his doctors advised that additional injections, radiofrequency ablation, physical therapy, chiropractic treatment, and other care could become necessary if his symptoms returned.
His documented medical expenses ultimately reached nearly $98,000, with his providers identifying the possibility of substantial future treatment.
Stacking Uninsured Motorist Coverage When the At-Fault Driver Had No Insurance
One of the biggest challenges in this case had nothing to do with determining who caused the collision. The other driver admitted fault, but she did not have automobile insurance to compensate our client for the injuries she caused.
Our firm pursued the uninsured motorist benefits available through our client’s own insurance policy and gathered the extensive medical documentation needed to demonstrate the seriousness of his traumatic brain injury, spinal injuries, treatment, and the effect the collision had on his independence and daily life.
Our client had two vehicles insured for $100,000 in uninsured motorist coverage. After reviewing the policy language and research applicable law, we convinced the insurer that these policies were “stackable,” meaning the total policy limit was $200,000.
Initially, the insurer refused to offer the limit of both policies. However, eventually, we were able to get our client’s case resolved for the full $200,000 in available policy limits.
Our work did not end when the settlement was reached. Wealso worked with medical providers and third-party administrators to reduce outstanding medical liens, helping preserve more of the settlement for our client.
For someone who had spent his career serving others as a fire captain, this case became about making sure he had access to every available source of recovery when the driver who injured him had none.
